Court confirms Koome's role in police brutality

Former Inspector General of Police Japhet Koome. [File, Standard] Former Inspector General of Police Japhet Koome has suffered a blow after the High Court dismissed his bid to overturn a ruling that held him personally accountable for police brutality against striking doctors, including the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) Secretary General Davji Atella. Justice Roselyne Aburili upheld the earlier judgement delivered on December 31, 2024 by Justice Jairus Ngaah, which found Koome criminally and personally liable under the doctrine of command responsibility for the unlawful actions carried out by officers acting under his orders. "The court finds and holds that the application dated January 16, 2025, seeking to set aside the judgment delivered on December 31, 2024, lacks merit. It is hereby dismissed," ruled Justice Aburili. In his application, Koome argued that he had not been properly served with court documents and only became aware of the ruling through the media on January 8, 2025. He claimed he had been condemned unheard, noting that the ruling carried serious financial, emotional, and reputational consequences. He further contended that he had resigned from office on July 12, 2024, prior to the judgement being issued. However, Katiba Institute, the petitioner, refuted these claims, stating Koome had been duly served-both physically and via email. According to an affidavit by legal manager Emily Kinama, Koome was physically served on April 22, 2024 at his office on the third floor of Jogoo House, with further notifications sent on multiple occasions. The court agreed with the petitioners, noting the practical and security challenges involved in serving high-ranking police officers. Justice Aburili remarked, "Expecting a process server to track down an Inspector General personally may not be practical. There is also a security risk, as servers may fear approaching armed officers or stations." She declined to set aside the earlier ruling and advised that Koome had other legal avenues available, including appealing to the Court of Appeal. The case arose from Koome's directive on April 14, 2024, instructing police to deal with striking doctors "firmly and decisively." This led to violent crackdowns on peaceful protests by medics, including the February 29, 2024 assault on KMPDU officials near Afya House. Justice Ngaah ruled that Koome's directive was unconstitutional, violating Articles 36, 37, and 41, which guarantee the right to association, peaceful assembly, and the right to strike. "The April 14, directive came weeks after police had already violently disrupted a lawful KMPDU demonstration for no apparent reason," he noted. The court found that Koome could be held personally and criminally liable for issuing unlawful orders and failing to discipline officers who used excessive force. Koome was ordered to personally compensate civil society organisations, including Katiba Institute, Muhuri, and the International Commission of Jurists (ICJ), as well as KMPDU leaders injured during the protests. Compensation for Dr Davji Atella could not be determined due to a lack of sufficient medical evidence.

Court confirms Koome's role in police brutality

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Court confirms Koome's role in police brutality

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